Senate Bill sb2978
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    Florida Senate - 2004        (Corrected Copy)          SB 2978
    By the Committee on Education
    304-1218D-04
  1                      A bill to be entitled
  2         An act relating to the Corporate Tax Credit
  3         Scholarship Program; amending s. 220.187, F.S.;
  4         providing definitions; prohibiting certain
  5         students from participating in the scholarship
  6         program; revising limitations on the allocation
  7         of annual credits granted under the program;
  8         providing limitations on eligible
  9         contributions; requiring the Auditor General to
10         review certain audits, request certain
11         information, and report to the Legislative
12         Auditing Committee any findings of
13         noncompliance; authorizing the Legislative
14         Auditing Committee to conduct hearings and
15         compel the Department of Education to revoke
16         eligibility of certain nonprofit
17         scholarship-funding organizations; providing
18         for audit reports to be submitted to the
19         Department of Education; requiring audits be
20         conducted within 180 days after completion of
21         the nonprofit scholarship-funding
22         organization's fiscal year; requiring a
23         nonprofit scholarship-funding organization to
24         make scholarship payments at least on a
25         quarterly basis; prohibiting commingling of
26         certain scholarship funds; requiring a
27         nonprofit scholarship-funding organization to
28         maintain a separate account for scholarship
29         funds; requiring a nonprofit
30         scholarship-funding organization to verify
31         student attendance at a private school prior to
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    Florida Senate - 2004        (Corrected Copy)          SB 2978
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 1         submission of scholarship funds; requiring a
 2         nonprofit scholarship-funding organization to
 3         verify income eligibility of qualified students
 4         at least once a year in accordance with State
 5         Board of Education rules; requiring a nonprofit
 6         scholarship-funding organization to submit
 7         certain reports to the Department of Education;
 8         requiring certain individuals to undergo annual
 9         level 2 background screening requirements
10         pursuant to s. 435.04, F.S.; providing a
11         mechanism for reporting background check
12         results; requiring costs of background checks
13         be borne by certain parties; prohibiting
14         employment, entry into a contract, or
15         volunteerism by an individual failing
16         background screening; revoking participation of
17         certain nonprofit scholarship-funding
18         organizations if personnel do not meet level 2
19         screening; authorizing a mechanism for
20         contesting background results; limiting avenues
21         of contesting disqualification; requiring a
22         nonprofit scholarship-funding organization
23         comply with antidiscrimination provisions of 42
24         U.S.C. s. 2000d; prohibiting an owner or a
25         nonprofit scholarship-funding organization from
26         owning, operating, or administering an eligible
27         private school under the scholarship program;
28         requiring a nonprofit scholarship-funding
29         organization to report any private school not
30         in compliance with scholarship program
31         requirements to the Department of Education;
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    Florida Senate - 2004        (Corrected Copy)          SB 2978
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 1         prohibiting provision of scholarship funds to a
 2         student to attend a private school not in
 3         compliance; authorizing a parent to transfer
 4         the scholarship; requiring award of
 5         scholarships on a first-come, first-served
 6         basis; prohibiting a nonprofit
 7         scholarship-funding organization from targeting
 8         certain students for scholarships; prohibiting
 9         the award of scholarships to a child of an
10         owner of a nonprofit scholarship-funding
11         organization; prohibiting the transfer of an
12         eligible contribution between nonprofit
13         scholarship-funding organizations; prohibiting
14         a nonprofit scholarship-funding organization
15         from securing financing in anticipation of
16         eligible contributions; requiring a nonprofit
17         scholarship-organization to submit to the
18         Department of Education a written opinion from
19         an independent certified public accountant that
20         the organization maintains sufficient credit or
21         assets; prohibiting a nonprofit
22         scholarship-funding organization from
23         participating in the program if the
24         organization fails to meet statutory
25         obligations; requiring students to meet certain
26         attendance policies; requiring parents to meet
27         certain parental involvement requirements
28         unless excused; prohibiting a parent from
29         authorizing a power of attorney for endorsement
30         of scholarship warrant; requiring a parent to
31         ensure that a scholarship student participates
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    Florida Senate - 2004        (Corrected Copy)          SB 2978
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 1         in testing requirements; prohibiting a student
 2         or parent of a student from participating in
 3         the scholarship program if the student or
 4         parent fails to meet statutory obligations;
 5         revising provisions with respect to private
 6         schools; revising requirements that a
 7         participating private school demonstrate fiscal
 8         soundness; requiring a surety bond; providing
 9         an exception; requiring a private school to
10         employ or contract with teachers who have
11         regular and direct contact with students at the
12         school's physical location; requiring the
13         private schools to employ or contract with
14         teachers who have at least a baccalaureate
15         degree, 3 years of teaching experience at a
16         public or private school, or other skills that
17         qualify the teacher to provide appropriate
18         instruction; requiring a private school to
19         report to the Department of Education the
20         qualifications of teachers; requiring a private
21         school to annually register with the Department
22         of Education and provide certain information
23         concerning the private school organization,
24         student list, and notice of intent to
25         participate in the scholarship program;
26         requiring certain individuals to undergo annual
27         level 2 background screening requirements
28         pursuant to s. 435.04, F.S.; providing a
29         mechanism for reporting background check
30         results; requiring costs of background checks
31         be borne by certain parties; prohibiting
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 1         employment, entry into a contract, or
 2         volunteerism by an individual who fails
 3         background screening; revoking participation of
 4         certain private schools if personnel do not
 5         meet level 2 screening; authorizing a mechanism
 6         for contesting background results; limiting
 7         avenues of contesting disqualification;
 8         requiring a private school to administer or to
 9         make provision for administering certain tests
10         to scholarship students; requiring reporting of
11         scores to the student's parent and to the
12         independent private research organization
13         selected by the Department of Education;
14         requiring a private school to file an
15         affidavit; requiring a private school to notify
16         the Department of Education in writing within 7
17         days if a student is ineligible to participate
18         in the scholarship program; prohibiting a
19         private school from participating in the
20         scholarship program if the private school fails
21         to meet its statutory obligations; requiring
22         the Department of Education to annually
23         determine the eligibility of nonprofit
24         scholarship-funding organizations within 90
25         days after application; requiring a written
26         notice with specific reasons for approval or
27         denial; requiring the Department of Education
28         to annually determine the eligibility of
29         private schools; requiring the Department of
30         Education to make accessible to the public a
31         list of eligible private schools; requiring the
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    Florida Senate - 2004        (Corrected Copy)          SB 2978
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 1         Department of Education to annually verify the
 2         eligibility of students; requiring the
 3         Department of Education to maintain a student
 4         database of program participants and to update
 5         the database at least quarterly; requiring the
 6         Department of Education to notify a nonprofit
 7         scholarship-funding organization of any
 8         ineligible student; requiring the Department of
 9         Education to annually account for and verify
10         the eligibility of program expenditures;
11         requiring the Department of Education to select
12         an independent private research organization
13         for reporting of student scores; providing
14         limitations on reporting; requiring the
15         Department of Education to revoke the
16         eligibility of program participants for failure
17         to comply with statutory obligations; requiring
18         the Department of Education to annually report
19         on accountability activities; requiring the
20         State Board of Education to adopt rules
21         regarding identification of documentation to
22         establish eligibility of nonprofit
23         scholarship-funding organizations, requiring an
24         affidavit, identification of independent income
25         verification for determining the eligibility of
26         students, determination of sufficient capital
27         or credit that program participants must
28         maintain; authorizing the State Board of
29         Education to delegate its authority to the
30         Commissioner of Education with the exception of
31  
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    Florida Senate - 2004        (Corrected Copy)          SB 2978
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 1         rulemaking authority; providing an effective
 2         date.
 3  
 4  Be It Enacted by the Legislature of the State of Florida:
 5  
 6         Section 1.  Section 220.187, Florida Statutes, is
 7  amended to read:
 8         220.187  Credits for contributions to nonprofit
 9  scholarship-funding organizations.--
10         (1)  PURPOSE.--The purpose of this section is to:
11         (a)  Encourage private, voluntary contributions to
12  nonprofit scholarship-funding organizations.
13         (b)  Expand educational opportunities for children of
14  families that have limited financial resources.
15         (c)  Enable children in this state to achieve a greater
16  level of excellence in their education.
17         (2)  DEFINITIONS.--As used in this section, the term:
18         (a)  "Department" means the Department of Revenue.
19         (a)(b)  "Eligible contribution" means a monetary
20  contribution from a taxpayer, subject to the restrictions
21  provided in this section, to an eligible nonprofit
22  scholarship-funding organization. The taxpayer making the
23  contribution may not designate a specific child as the
24  beneficiary of the contribution. The taxpayer may not
25  contribute more than $5 million to any single eligible
26  nonprofit scholarship-funding organization.
27         (b)(c)  "Eligible private nonpublic school" means a
28  private nonpublic school,as defined in s. 1002.01(2), located
29  in Florida which that offers an education to students in any
30  grades K-12 and that meets the requirements in subsection (6)
31  (5).
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 1         (c)(d)  "Eligible nonprofit scholarship-funding
 2  organization" means a charitable organization that is exempt
 3  from federal income tax pursuant to s. 501(c)(3) of the
 4  Internal Revenue Code, incorporated under laws of this state,
 5  and that complies with the provisions of subsection (4).
 6         (d)  "Owner" means the owner, president, chairperson of
 7  the board of directors, superintendent, principal, or person
 8  with equivalent decisionmaking authority who owns, operates,
 9  or administers an eligible nonprofit scholarship-funding
10  organization or eligible private school. In addition, the term
11  "owner" means an individual who has access to or processes
12  scholarship funds or eligible contributions at an eligible
13  nonprofit scholarship-funding organization or eligible private
14  school.
15         (e)  "Qualified student" means a student who qualifies
16  for free or reduced-price school lunches under the National
17  School Lunch Act and who:
18         1.  Was counted as a full-time equivalent student
19  during the previous state fiscal year for purposes of state
20  per-student funding;
21         2.  Received a scholarship from an eligible nonprofit
22  scholarship-funding organization during the previous school
23  year; or
24         3.  Is eligible to enter kindergarten or first grade.
25  
26  A student is not eligible to receive a scholarship under this
27  section if the student is participating in the Opportunity
28  Scholarship Program under s. 1002.38, the John M. McKay
29  Scholarships for Students with Disabilities Program under s.
30  1002.39, or a home education program as defined in s.
31  1002.01(1). A student is not eligible to receive a scholarship
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 1  from more than one eligible nonprofit scholarship-funding
 2  organization at the same time.
 3         (3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
 4  CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
 5         (a)  There is allowed a credit of 100 percent of an
 6  eligible contribution against any tax due for a taxable year
 7  under this chapter. However, such a credit may not exceed 75
 8  percent of the tax due under this chapter for the taxable
 9  year, after the application of any other allowable credits by
10  the taxpayer. However, at least 5 percent of the total
11  statewide amount authorized for the tax credit shall be
12  reserved for taxpayers who meet the definition of a small
13  business provided in s. 288.703(1) at the time of application.
14  The credit granted by this section shall be reduced by the
15  difference between the amount of federal corporate income tax
16  taking into account the credit granted by this section and the
17  amount of federal corporate income tax without application of
18  the credit granted by this section.
19         (b)  The total amount of tax credits and carryforward
20  of tax credits that which may be granted each state fiscal
21  year under this section is $88 million. One percent of the
22  total statewide amount authorized for the tax credit must be
23  reserved for taxpayers who are small businesses as defined in
24  s. 288.703(1) at the time of application.
25         (c)  A taxpayer who files a Florida consolidated return
26  as a member of an affiliated group pursuant to s. 220.131(1)
27  may be allowed the credit on a consolidated return basis;
28  however, the total credit taken by the affiliated group is
29  subject to the limitation established under paragraph (a).
30         (d)  A taxpayer may rescind its application for tax
31  credit under this section, and the amount approved in the
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 1  application for tax credit shall become available for purposes
 2  of the cap for that state fiscal year under this section to an
 3  eligible taxpayer as approved by the Department of Revenue, if
 4  the taxpayer receives notice from the Department of Revenue
 5  that the rescindment application has been accepted by the
 6  Department of Revenue, the taxpayer has not previously
 7  rescinded its application for tax credit under this section
 8  more than once in the previous 3 tax years, and the taxpayer
 9  has not made a contribution pursuant to its approved
10  application for tax credit under this section. Any amount
11  rescinded under this paragraph shall become available to an
12  eligible taxpayer on a first-come, first-served basis based on
13  tax credit applications received after the date the
14  rescindment is accepted by the Department of Revenue.
15         (4)  OBLIGATIONS OF ELIGIBLE NONPROFIT
16  SCHOLARSHIP-FUNDING ORGANIZATIONS.--
17         (a)  An eligible nonprofit scholarship-funding
18  organization shall provide scholarships, from eligible
19  contributions, to qualified students for:
20         1.  Tuition or textbook expenses for, or transportation
21  to, an eligible private nonpublic school. At least 75 percent
22  of each the scholarship funding must be used to pay tuition
23  expenses; or
24         2.  Transportation expenses to a Florida public school
25  that is located outside the district in which the student
26  resides.
27         (b)  An eligible nonprofit scholarship-funding
28  organization shall give priority to qualified students who
29  received a scholarship from an eligible nonprofit
30  scholarship-funding organization during the previous school
31  year.
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 1         (c)  The amount of a scholarship provided to any child
 2  for any single school year by all eligible nonprofit
 3  scholarship-funding organizations from eligible contributions
 4  shall not exceed the following annual limits:
 5         1.  Three thousand five hundred dollars for a
 6  scholarship awarded to a student enrolled in an eligible
 7  private nonpublic school.
 8         2.  Five hundred dollars for a scholarship awarded to a
 9  student enrolled in a Florida public school that is located
10  outside the district in which the student resides.
11         (d)  The amount of an eligible contribution that which
12  may be accepted by an eligible nonprofit scholarship-funding
13  organization is limited to the amount needed to provide
14  scholarships for qualified students that which the
15  organization has identified and for which vacancies in
16  eligible private nonpublic schools have been identified.
17         (e)  An eligible nonprofit scholarship-funding
18  organization that receives an eligible contribution must spend
19  100 percent of the eligible contribution to provide
20  scholarships in the same state fiscal year in which the
21  contribution was received. No portion of eligible
22  contributions may be used for administrative expenses. All
23  interest accrued from contributions must be used for
24  scholarships.
25         (f)  An eligible nonprofit scholarship-funding
26  organization that receives eligible contributions must provide
27  to the Auditor General and the Department of Education, within
28  180 days after completion of the organization's fiscal year,
29  an annual financial and compliance audit of its accounts and
30  records conducted by an independent certified public
31  accountant and in accordance with rules adopted by the Auditor
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 1  General. The Auditor General shall review all audit reports
 2  submitted pursuant to this section. The Auditor General shall
 3  request any significant items that were omitted in violation
 4  of a rule adopted by the Auditor General. The items must be
 5  provided within 45 days after the date of the request. If the
 6  nonprofit scholarship-funding organization does not comply
 7  with the Auditor General's request, the Auditor General shall
 8  notify the Legislative Auditing Committee. The Legislative
 9  Auditing Committee may schedule a hearing. If a hearing is
10  scheduled, the committee shall determine if the nonprofit
11  scholarship-funding organization should be subject to further
12  state action. If the committee determines that the nonprofit
13  scholarship-funding organization should be subject to further
14  state action, the committee shall notify the Department of
15  Education, which shall terminate the eligibility of the
16  nonprofit scholarship-funding organization to participate in
17  the program under this section.
18         (g)  An eligible nonprofit scholarship-funding
19  organization shall make payment of the scholarship, at a
20  minimum, on a quarterly basis. Payment of the scholarship by
21  the eligible nonprofit scholarship-funding organization shall
22  be by individual warrant or check made payable to the
23  student's parent. If the parent chooses for his or her child
24  to attend an eligible private nonpublic school, the warrant or
25  check must be mailed by the eligible nonprofit
26  scholarship-funding organization to the private nonpublic
27  school of the parent's choice, and the parent shall
28  restrictively endorse the warrant or check to the private
29  nonpublic school. An eligible nonprofit scholarship-funding
30  organization shall ensure that, upon receipt of a scholarship
31  warrant or check, the parent to whom the warrant or check is
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 1  made restrictively endorses the warrant or check to the
 2  private nonpublic school of the parent's choice for deposit
 3  into the account of the private nonpublic school.
 4         (h)  An eligible nonprofit scholarship-funding
 5  organization may not commingle scholarship funds with any
 6  other funds and must maintain a separate account for
 7  scholarship funds.
 8         (i)  An eligible nonprofit scholarship-funding
 9  organization shall obtain verification from a private school
10  of each student's continued attendance at the private school
11  prior to each scholarship payment.
12         (j)  An eligible nonprofit scholarship-funding
13  organization must verify the income of all scholarship
14  applicants participating in the program at least once each
15  school year through independent income documentation as
16  provided in rules of the State Board of Education.
17         (k)  An eligible nonprofit scholarship-funding
18  organization must prepare and submit quarterly reports to the
19  Department of Education pursuant to subsection (8). In
20  addition, an eligible nonprofit scholarship-funding
21  organization must immediately submit to the Department of
22  Education any information requested by the Department of
23  Education relating to the scholarship program.
24         (l)  Prior to assuming a position of owner as defined
25  in paragraph (2)(d) and annually thereafter, an owner of an
26  eligible nonprofit scholarship-funding organization must
27  annually meet the requirements for level 2 background
28  screening as provided in s. 435.04.
29         1.  The Department of Law Enforcement shall forward the
30  background check results to the Department of Education. The
31  Department of Education shall review the background check
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 1  results for compliance with this paragraph. The Department of
 2  Education shall forward the background check results to the
 3  eligible nonprofit scholarship-funding organization.
 4         2.  The cost of the background check must be borne by
 5  the eligible nonprofit scholarship-funding organization or the
 6  owner.
 7         3.  An owner who fails to meet level 2 background
 8  screening requirements may not be employed, be a party or a
 9  third-party beneficiary to a contract, or volunteer in any
10  capacity with an eligible nonprofit scholarship-funding
11  organization.
12         4.  If an eligible nonprofit scholarship-funding
13  organization employs, enters or maintains a contract with, or
14  allows an owner who fails to meet the requirements for level 2
15  background screening to volunteer for the nonprofit
16  scholarship-funding organization, the nonprofit
17  scholarship-funding organization may not participate in the
18  scholarship program under this section.
19         5.  An owner may contest the validity of his or her
20  disqualification under this paragraph pursuant to chapter 120;
21  however, the only basis for contesting the disqualification
22  shall be proof of mistaken identity. It is the responsibility
23  of the owner to contest the disqualification.
24         (m)  An eligible nonprofit scholarship-funding
25  organization must comply with the antidiscrimination
26  provisions of 42 U.S.C. s. 2000d.
27         (n)  An eligible nonprofit scholarship-funding
28  organization or an owner of an eligible nonprofit
29  scholarship-funding organization may not own, operate, or
30  administer an eligible private school participating in the
31  program.
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 1         (o)  An eligible nonprofit scholarship-funding
 2  organization must report to the Department of Education any
 3  private school participating in the scholarship program under
 4  this section which does not comply with the requirements of
 5  the scholarship program. The eligible nonprofit
 6  scholarship-funding organization may not provide additional
 7  scholarship funds to a parent for a student to attend a
 8  private school until the State Board of Education determines
 9  that the school is in compliance with this section.
10         (p)  An eligible nonprofit scholarship-funding
11  organization must allow a qualified student to attend any
12  eligible private school and must allow the parent to transfer
13  the scholarship during the school year to another eligible
14  private school of the parent's choice.
15         (q)  An eligible nonprofit scholarship-funding
16  organization must provide a scholarship to a qualified student
17  on a first-come, first-served basis unless the student
18  qualifies for priority pursuant to paragraph (4)(b). An
19  eligible nonprofit scholarship-funding organization may not
20  target scholarships to a particular private school or provide
21  scholarships to a child of an owner.
22         (r)  An eligible nonprofit scholarship-funding
23  organization may not transfer scholarship funds to another
24  eligible nonprofit scholarship-funding organization.
25         (s)  An eligible nonprofit scholarship-funding
26  organization may not secure a promissory note, a line of
27  credit, or other financing to fund a scholarship in
28  anticipation of an eligible contribution. An eligible
29  scholarship-funding organization may only fund scholarships
30  through eligible contributions received under the scholarship
31  program.
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 1         (t)  Prior to receiving funds under this section, an
 2  eligible nonprofit scholarship-funding organization must
 3  provide each state fiscal year to the Department of Education
 4  a written opinion by an independent certified public
 5  accountant confirming that the nonprofit scholarship-funding
 6  organization has capital or credit in an amount equivalent to
 7  the nonprofit scholarship-funding organization's costs in the
 8  previous year for operating the program under this section.
 9  For a nonprofit scholarship-funding organization participating
10  in the program under this section for the initial year, the
11  nonprofit scholarship-funding organization must have capital
12  or credit in an amount that is most similarly equivalent to a
13  current nonprofit scholarship-funding organization's operating
14  costs. For purposes of this section the term "most similarly
15  equivalent" means an amount that a nonprofit
16  scholarship-funding organization that is currently
17  participating in the program had in operating costs the
18  previous state fiscal year for an equivalent amount of
19  contributions.
20         (u)  A nonprofit scholarship-funding organization that
21  fails to comply with this section may not participate in the
22  scholarship program.
23         (5)  PARENT OBLIGATIONS.--
24         (a)  As a condition for scholarship payment pursuant to
25  paragraph (4)(g), if the parent chooses for his or her child
26  to attend an eligible private nonpublic school, the parent
27  must inform the child's school district within 15 days after
28  such decision.
29         (b)  Any student participating in the scholarship
30  program must remain in attendance throughout the school year,
31  
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 1  unless excused by the school for illness or other good cause,
 2  and must comply fully with the school's code of conduct.
 3         (c)  The parent of each student participating in the
 4  scholarship program must comply fully with the eligible
 5  private school's parental-involvement requirements unless
 6  excused by the school for good cause.
 7         (d)  Upon receipt of scholarship funds from the
 8  eligible nonprofit scholarship-funding organization, the
 9  parent to whom the warrant is made must restrictively endorse
10  the warrant to the private school for deposit into the account
11  of the private school. The parent may not authorize the
12  eligible private school, its owners, or employees to act as an
13  attorney in fact for purposes of endorsing scholarship
14  warrants.
15         (e)  The parent of each qualified student participating
16  in the scholarship program must ensure that the student
17  participates in the required testing pursuant to this section.
18         (f)  A student or parent who fails to comply with this
19  subsection forfeits the scholarship.
20         (6)  ELIGIBLE PRIVATE NONPUBLIC SCHOOL OBLIGATIONS.--An
21  eligible private nonpublic school must:
22         (a)  Demonstrate fiscal soundness by filing with being
23  in operation for one school year or provide the Department of
24  Education with a surety bond for the amount equal to the
25  scholarship amount for each quarter of the school year. The
26  surety bond must be filed at the time of the private school's
27  initial registration to participate in the program under this
28  section with the Department of Education and at each annual
29  registration period thereafter for a total of 3 consecutive
30  years. This requirement does not apply to an eligible private
31  school that:
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 1         1.  Has participated in the program for 3 consecutive
 2  years or longer; and
 3         2.  Has had no action taken by the Department of
 4  Education against the private school for any violation of this
 5  section for 3 consecutive years or longer.
 6  
 7  However, any private school that was subject to an action
 8  taken by the Department of Education for any violation of this
 9  section shall, at the time of the school's annual registration
10  following the date on which action was taken against the
11  private school for violations of this section and for 2
12  additional consecutive years thereafter, file a surety bond
13  with the Department of Education. statement by a certified
14  public accountant confirming that the nonpublic school
15  desiring to participate is insured and the owner or owners
16  have sufficient capital or credit to operate the school for
17  the upcoming year serving the number of students anticipated
18  with expected revenues from tuition and other sources that may
19  be reasonably expected. In lieu of such a statement, a surety
20  bond or letter of credit for the amount equal to the
21  scholarship funds for any quarter may be filed with the
22  department.
23         (b)  Comply with the antidiscrimination provisions of
24  42 U.S.C. s. 2000d.
25         (c)  Meet state and local health and safety laws and
26  codes.
27         (d)  Comply with all state laws relating to general
28  regulation of private nonpublic schools.
29         (e)  Employ or contract with teachers who have regular
30  and direct contact with each student receiving a scholarship
31  under this section at the school's physical location. All
                                  18
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 1  teachers must hold at least a baccalaureate degree; have at
 2  least 3 years of teaching experience in public or private
 3  schools; or have special skills, knowledge, or expertise that
 4  qualifies them to provide instruction in subjects taught. As
 5  part of the sworn-compliance form authorized under subsection
 6  (7), an eligible private school must report to the Department
 7  of Education the number of teachers employed or under contract
 8  with the private school, along with the manner in which the
 9  teacher meets the requirements of this paragraph.
10         (f)  Annually register with the Department of
11  Education. Each private school must annually provide the
12  following information to the Department of Education:
13         1.  The legal business and trade names, mailing
14  address, and business location of the private school;
15         2.  The legal name, mailing address, and telephone
16  numbers of an owner of the private school;
17         3.  A list of students at the private school receiving
18  a scholarship under this section; and
19         4.  A notification of the private school's intent to
20  participate in the program under this section.
21         (g)  Ensure that all personnel who are hired or under
22  contract to fill positions requiring direct contact with
23  students in the private school or to handle scholarship funds
24  and all owners of the private school have annually met the
25  requirements for level 2 background screening as provided in
26  s. 435.04 prior to hire, entry into a contract with, or
27  assumption of ownership or administration and annually
28  thereafter.
29         1.  The Department of Law Enforcement shall forward the
30  background check results to the Department of Education and
31  the eligible private school.
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 1         2.  The cost of the background check must be borne by
 2  the private school or its employee, contractor, or owner.
 3         3.  All private school personnel, including, but not
 4  limited to, contractors, owners, or volunteers who fail to
 5  meet level 2 screening requirements may not be employed, under
 6  contract with, or volunteer in any capacity with an eligible
 7  private school.
 8         4.  If an eligible private school employs, enters a
 9  contract with, or allows an individual to volunteer for the
10  private school who fails to meet the requirements for level 2
11  screening, the private school may not participate in the
12  scholarship program under this section.
13         5.  An individual subject to the background screening
14  of this paragraph may contest the validity of his or her
15  disqualification pursuant to chapter 120; however, the only
16  basis for contesting the disqualification shall be proof of
17  mistaken identity. It is the responsibility of the
18  disqualified individual to contest the disqualification. 
19         (h)  Annually administer or make provisions for
20  scholarship students to take the Iowa Test of Basic Skills or
21  the Stanford-9 or subsequent versions of these tests. A
22  participating private school must report a student's scores to
23  the parent and to the independent private research
24  organization selected by the Department of Education pursuant
25  to subsection (7).
26         (i)  Annually comply with the Department of Education's
27  affidavit requirements as provided in subsection (8).
28         (j)  Notify in writing the Department of Education and
29  the nonprofit scholarship-funding organization within 7 days
30  if a student is ineligible to participate in the scholarship
31  program.
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 1  
 2  A private school that fails to comply with this section is
 3  ineligible to participate in the scholarship program under
 4  this section.
 5         (7)  STATE BOARD OF EDUCATION; RESPONSIBILITIES.--The
 6  Department of Education must:
 7         (a)  Annually submit, by March 15, to the Department of
 8  Revenue a list of eligible nonprofit scholarship-funding
 9  organizations that meet the requirements of this section.
10         (b)  Annually determine the eligibility of nonprofit
11  scholarship-funding organizations that meet the requirements
12  of this section. The Department of Education must determine
13  the eligibility of the nonprofit scholarship-funding
14  organization within 90 days after the nonprofit
15  scholarship-funding organization's application for approval to
16  participate in the program. The Department of Education must
17  provide written notice of approval or denial to participate in
18  the program to the nonprofit scholarship-funding organization.
19  The notice must contain the specific reasons for approval or
20  denial.
21         (c)  Annually determine the eligibility of private
22  schools that meet the requirements of this section. The
23  Department of Education must maintain a list of eligible
24  private schools, and that list must be made accessible to the
25  public.
26         (d)  Annually verify the eligibility of students that
27  meet the requirements of this section. The Department of
28  Education must maintain a database of students participating
29  in the program. The Department of Education must, at least
30  quarterly, update its database to ensure that a student
31  continues to meet the requirements of this section. The
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 1  Department of Education must immediately notify an eligible
 2  nonprofit scholarship-funding organization of any student that
 3  fails to meet the requirements of this section.
 4         (e)  Annually account for and verify the eligibility of
 5  expenditures under this section.
 6         (f)  Annually submit, administer, and retain records of
 7  affidavits from private schools certifying compliance with
 8  this section.
 9         (g)  Select an independent private research
10  organization to which participating private schools must
11  report the scores of participating students on the Iowa Test
12  of Basic Skills, the Stanford-9, or subsequent versions of
13  these tests administered by the private school. The
14  independent private research organization must annually report
15  to the Department of Education on the year-to-year
16  improvements of the participating students. The independent
17  research organization must analyze and report student
18  performance data in a manner that protects the rights of
19  students and parents as mandated in 20 U.S.C. s. 1232g and
20  must not disaggregate data to a level that will disclose the
21  identity of students or of private schools. To the extent
22  possible, the independent private research organization must
23  accumulate historical performance data on students from the
24  Department of Education and private schools to describe
25  baseline performance and to conduct longitudinal studies.
26         (h)  Revoke the eligibility of a nonprofit
27  scholarship-funding organization, private school, or student
28  to participate in the program for noncompliance with this
29  section.
30         (i)  Annually report, by December 15, to the Governor,
31  the President of the Senate, and the Speaker of the House of
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 1  Representatives of the Department of Education's actions with
 2  respect to implementing accountability in the scholarship
 3  program under this section including, but not limited to, any
 4  substantiated allegations or violations of law or rule by a
 5  nonprofit scholarship-funding organization or private school
 6  under this program and the corrective action taken by the
 7  Department of Education.
 8         (8)(7)  ADMINISTRATION; RULES.--
 9         (a)  If the credit granted pursuant to this section is
10  not fully used in any one year because of insufficient tax
11  liability on the part of the corporation, the unused amount
12  may be carried forward for a period not to exceed 3 years;
13  however, any taxpayer that seeks to carry forward an unused
14  amount of tax credit must submit an application for allocation
15  of tax credits or carryforward credits as required in
16  paragraph (d) in the year that the taxpayer intends to use the
17  carryforward. The total amount of tax credits and carryforward
18  of tax credits granted each state fiscal year under this
19  section is $88 million. This carryforward applies to all
20  approved contributions made after January 1, 2002. A taxpayer
21  may not convey, assign, or transfer the credit authorized by
22  this section to another entity unless all of the assets of the
23  taxpayer are conveyed, assigned, or transferred in the same
24  transaction.
25         (b)  An application for a tax credit pursuant to this
26  section shall be submitted to the Department of Revenue on
27  forms established by rule of the Department of Revenue.
28         (c)  The Department of Revenue and the Department of
29  Education shall develop a cooperative agreement to assist in
30  the administration of this section. The Department of
31  Education shall be responsible for annually submitting, by
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 1  March 15, to the department a list of eligible nonprofit
 2  scholarship-funding organizations that meet the requirements
 3  of paragraph (2)(d) and for monitoring eligibility of
 4  nonprofit scholarship-funding organizations that meet the
 5  requirements of paragraph (2)(d), eligibility of nonpublic
 6  schools that meet the requirements of paragraph (2)(c), and
 7  eligibility of expenditures under this section as provided in
 8  subsection (4).
 9         (d)  The Department of Revenue shall adopt rules
10  necessary to administer this section, including rules
11  establishing application forms and procedures and governing
12  the allocation of tax credits and carryforward credits under
13  this section on a first-come, first-served basis.
14         (e)  The State Board of Education Department of
15  Education shall adopt rules pursuant to ss. 120.536(1) and
16  120.54 to administer this section, including, but not limited
17  to, rules: necessary to
18         1.  Determining determine eligibility of nonprofit
19  scholarship-funding organizations and private schools; as
20  defined in paragraph (2)(d) and according to the provisions of
21  subsection (4) and
22         2.  Identifying identify qualified students; as defined
23  in paragraph (2)(e).
24         3.  Identifying the documentation required to establish
25  eligibility for nonprofit scholarship-funding organizations;
26         4.  Requiring an affidavit, which comports with this
27  section's requirements for private schools that participate in
28  the scholarship program;
29         5.  Identifying the independent income-verification
30  documentation required to establish student eligibility under
31  this section; and
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 1         6.  Establishing equivalency for purposes of
 2  determining fiscal soundness for a nonprofit
 3  scholarship-funding organization in accordance with subsection
 4  (4)(t).
 5         (f)  The State Board of Education may delegate its
 6  authority under this section to the Commissioner of Education
 7  with the exception of rulemaking authority.
 8         (9)(8)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All
 9  eligible contributions received by an eligible nonprofit
10  scholarship-funding organization shall be deposited in a
11  manner consistent with s. 17.57(2).
12         Section 2.  This act shall take effect upon becoming a
13  law.
14  
15            *****************************************
16                          SENATE SUMMARY
17    Revises the provisions and requirements of the Corporate
      Tax Credit Scholarship Program. Prohibits a student who
18    receives certain other scholarships from participating in
      the program. Requires audits and other verification by
19    the nonprofit scholarship-funding organization. Requires
      a background check of an owner of a scholarship-funding
20    organization. Provides requirements for private schools
      that participate in the program. Requires registration
21    with the Department of Education and background checks of
      personnel. Requires that a participating school comply
22    with requirements for student testing. Specifies duties
      of the Department of Education with respect to
23    administering the program. Requires the Department of
      Education to adopt rules. (See bill for details.)
24  
25  
26  
27  
28  
29  
30  
31  
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